Texas § GV.54.976 - PROCEEDINGS THAT MAY BE REFERRED

§ GV.54.976. PROCEEDINGS THAT MAY BE REFERRED

PROCEEDINGS THAT MAY BE REFERRED. (a) A judge may refer to a magistrate any criminal case or matter relating to a criminal case for proceedings involving: (1) a negotiated plea of guilty or no contest and sentencing; (2) a pretrial motion; (3) an examining trial; (4) a writ of habeas corpus; (5) a bond forfeiture suit; (6) issuance of search warrants; (7) setting, setting conditions, modifying, revoking, and surrendering of bonds, including surety bonds; (8) arraignment of defendants; (9) a motion to increase or decrease a bond; (10) a motion to revoke community supervision or to proceed to an adjudication; (11) an issue of competency or a civil commitment under Chapter 46 , 46B , or 46C , Code of Criminal Procedure, with or without a jury; (12) a motion to modify community supervision; (13) specialty court proceedings, including drug court proceedings, veterans treatment court proceedings, and driving while intoxicated court proceedings; (14) an expunction or a petition for nondisclosure; (15) an occupational driver's license; (16) a waiver of extradition; (17) the issuance of subpoenas and orders requiring the production of medical records, including records relating to mental health or substance abuse treatment; and (18) any other matter the judge considers necessary and proper. (b) A magistrate may select a jury. A magistrate may not preside over a contested criminal trial on the merits, regardless of whether the trial is before a jury. (c) A judge may refer to a magistrate any proceeding involving an application for a protective order under Title 4, Family Code, or Section 17.292 , Code of Criminal Procedure. (d) A judge may refer to a magistrate proceedings involving a grand jury, including issuance of grand jury subpoenas, receipt of grand jury reports on behalf of a district judge, the granting of a grand jury request to recess, motions to compel testimony, and discharge of a grand jury at the end of a term. A magistrate may not impanel a grand jury. Added by Acts 1991, 72nd Leg., ch. 849, Sec. 1, eff. Aug. 26, 1991. Amended by Acts 1993, 73rd Leg., ch. 413, Sec. 3, eff. Sept. 1, 1993; Acts 2003, 78th Leg., ch. 979, Sec. 3, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 864 (H.B. 3856 ), Sec. 1, eff. June 17, 2011. Acts 2015, 84th Leg., R.S., Ch. 1205 (S.B. 1474 ), Sec. 9, eff. September 1, 2015.